₦airaland Forum

Adeleke is a gonna.....baba forge certificate and he pertuated rigging resulting in disproportionate overvoting in most of his strongholds especially Ede.

Infact Adeleke knowing how bad the case is is now asking the Appeal to allow a rerun....but the appeal court throw that out as it does not form part of the original case....

Adelele has been trying to buy the goodwill of Osun people but it is the court he needs to convince not Osun people

DMerciful:
So should the crime of forgery be ignored?

The court will certainly ignore it

slimanyd:
And same would also affect Tinubu

Let LP and PDP come up with their own copies first. Let's see what they filed. Each case has its own peculiarity.

Roniyke1234:
You know nothing...

Pray for Adeleke to win if you are truly a bat supporter. Osun case is a big trap for APC but you guys don't know yet.

Court cases aren't that straight forward though

Clevite:
Osun civil servants' most fervent prayers, since this judgement was reserved by Court, has been that may the affliction of APC Governor in Oyetola never befall them again.

What's the ratio of the total number of civil servants to the rest of the population of each state, that anyone should use payment of salaries as yardstick of good governance? Is any governor who's payING salaries using his father's money?

famology:
Adeleke has a bad case.

What of Buhari's case ? Yet he is completing his 2 terms

If it was Nigerian court, Ekweremadu would be walking free....imagine OUK was released after being convicted based on technicalities. The judiciary will be reformed with Obi's case

senatordave1:
The court will certainly ignore it

Wow, the D day is around the corner.

Clevite:
Appeal Court isn't the last or final stage in Governorship election petition matters. The Supreme Court is the final stage. Only the National Assembly and the States' Houses of Assembly election petitions stop at the Court of Appeal.

More so, Election Petition issue isn't the provision of the Electoral Act; it's a Constitutional matter.

Yes true thank you just reconfirmed now

lagosrd:
If they use BVAS stuff to send adeleke home, I want o see how it won't be used against tinubu

How can it affect him when he actually won the election.

APC would've lose the election if PDP is still intact. NNDP, PDP and LP got about 15M votes as against APC 8M votes.

There might be some irregularities, but I don't think APC changed any result or scores.

Nigeria judiciary system is cash and carry

senatordave1:
I want adeleke to lose but this bvas,server issue might affect tinubu and this past polls so let him win

You are a terrible person

spin101:
But supreme court has decided on the issue of forgery.So i don't think that is an issue.

https://www.vanguardngr.com/2019/07/forgery-case-dismissal-im-vindicated-says-senator-adeleke/

This one na 2019 case. He filed a contentious certificate again in 2022 elections.

muykem:
Adeleke can only win on technical ground. INEC certify true copy of BVAS accreditation issued to Oyetola and not withdraw back by INEC is a deadly blow to Adeleke.

You are on point. The technical aspect of the case include the lack of inspection or examination of the election materials by the court before passing the judgement.

adioolayi:
This one na 2019 case. He filed a contentious certificate again in 2022 elections.

The lower courts has no right to rule over the case that has been determined by the supreme court. Again, Oyetola did not call any witness to counter or fault the certificate to proof his case.

yemmit90:
How can it affect him when he actually won the election.

APC would've lose the election if PDP is still intact. NNDP, PDP and LP got about 15M votes as against APC 8M votes.

There might be some irregularities, but I don't think APC changed any result or scores.

Some results were tampered with. But I think the APC still won the election.

rolams:
The lower courts has no right to rule over the case that has been determined by the supreme court. Again, Oyetola did not call any witness to counter or fault the certificate.

Ok...we wait and see

fergie001:
I believe this forgery issue is wrt to an error on school testimonial which bear Osun instead of Oyo state. It also has to do with the name of the school.

For the principle of forgery to be established: the person alleging forgery must prove the following:

-the existence of a document in writing.
-that the document or writing was forged
-that the forgery was by the person accused
-that the party who made it knew the document in writing was false
-the party alleged intended for the forged document to be acted upon as genuine. (SC in Kashim Imam v Ali Modu Sherriff)

Now hear the Appeal Court Judgement in 2019:

“In any case as the Principal of the School and the custodian of the school records, he is in the best position to say that the school leaving testimonial which he identified as issued from his school has errors in it or not. If he says so, as he has done, that there are lots of errors on its face, he must be believed and Exhibit PL6 (AA2) the statement of result, his affidavit, the WAEC confirming affidavit and the accompanying Ledger (Details of results) show that it is reasonable to believe him. Errors or mistakes in the contents of a document cannot be treated as false information as the 1st and 2nd respondents characterised the errors in the testimonial in paragraph 16 of their affidavit in support of the originating summons. To prove false information in a document requires more than pointing out errors or mistakes or incongruities or discrepancies in the document or asserting that the document is forged on account of the errors without more.”

“Be that as it is, such errors are of no moment because Exhibit PL6 and the West African Examination Council (WAEC) confirming affidavit and Ledger show that he satisfied the requirements of Section 177(d) of the 1999 Constitution and is therefore qualified to contest the election of Governor of Osun State. As held by the Supreme Court in AGI v. PDP (2017) 17 NWLR (Pt. 1585) 386 at 454 – 455 “Even in situations where a Governorship candidate makes inconsistent statements in Form CF001 and such candidate is nonetheless qualified to contest the election under the provision of Section 177 of the 1999 Constitution, he would not be disqualified to contest the election.” The appellant gave the statement of result PL6 to the 4th respondent to show he sat for the West African School Certificate Examination (WASCE) in May/June, 1981 in Ede Muslim High School Ede. There was no need for the argument that he can only be issued certificate if he passed certain subjects. He submitted the statement of result to show that he attended secondary school and wrote the secondary school certificate examination.” (Agim JCA as he then was)


I will stay on this for now.... garfield1 senatordave1

For the BVAS, it will be interesting, because it will serve as a plank for the litigation by Obi & Atiku.

. Your opinion is respected. However in 2018 qualification was the issue not forgery. In 2022 it is forgery not qualification. It may interest all of us that Ede testimonials he used in 2018 is different from what he used in 2022. The onus lies on the defendant to prove the allegation against him. by calling the man or woman or institution that issued the document. Additionally the constitution recognised "why the document" was forged.Both majority and minority judgement established forgery. So what is the judgement on forgery? On BVAS ,INEC used it on Osun election and results were uploaded to the back end server IRV.In 2023 INEC used BVAS for accreditation but for the technical reasons the body did not transfer the results to it server at the poling booth.The only difference is transmission..So both cases in my opinion are not the same. My question are will AC reject the BVAS report used to declare Adeleke as winner which Oyetola used to prove overvoting? What will be the standing of the AC on BVAS reports given to PDP ,INEC laywer and Adeleke statistician which all of them contain discrepancies and overvoting? They all even agreed to overvoting in them? Unshronised reports have overvoting .Schronised reports have overvoting..Will the AC not apply abductive reasoning by accepting only the " unshronised" report used to declare Adeleke as the winner which Oyetola used against him.? On technicality of second judge who only signed the judgement, Justice Shaibu asked Ikpeasu SAN if he understood the significance of "we" used in the majority judgement and the relevance of the name and signature of the second judge. Ikpeasu only answered by saying it should not be so. Until I am proved otherwise the judgement today will favour Oyetola!I submitt

Xscape1993:
The people's governor will govern Osun state for 8 years...

Amiiiiin.

My thought is that, d appeal court will oust Adeleke on d grounds of qualification and will not decide on BVAS. The issue of BVAS will b resolved in d presidential poll enquiry.

Okealaaye:
What's the ratio of the total number of civil servants to the rest of the population of each state, that anyone should use payment of salaries as yardstick of good governance? Is any governor who's payING salaries using his father's money?

Governance is that low in Nigeria, just pay salaries.

Even Seyi makinde that people are shouting about, the major thing he did was payment of salaries.

Greenscientist:
Governance is that low in Nigeria, just pay salaries.

Even Seyi makinde that people are shouting about, the major thing he did was payment of salaries.

Exactly my point! It's like there's no governor in Oyo state as far as we can see in Odo Ona-Apata axis! Beggars and in-traffic roadside hawkers everywhere. That's besides the activities of Micra and Keke NAPEP drivers.

yemmit90:
How can it affect him when he actually won the election.

APC would've lose the election if PDP is still intact. NNDP, PDP and LP got about 15M votes as against APC 8M votes.

There might be some irregularities, but I don't think APC changed any result or scores.

The same rule I'll apply to him to

ejimatic:
. Your opinion is respected. However in 2018 qualification was the issue not forgery. In 2022 it is forgery not qualification. It may interest all of us that Ede testimonials he used in 2018 is different from what he used in 2022.

This is not exactly true.

The subject of contention is that on his EC9 form for the 2022 election: he appended in his own handwriting; Ede Muslim Grammar School, Ede

The affidavit for the 2018 & 2022 election issued by the school reads: Ede Muslim High School.

This affidavit was issued on May 22, 2016 and was exactly same as in 2018. The only difference is that he has higher qualifications now but did not change the Ede Muslim Grammar School he appended in 2018 & 2022.

This is the reason I boldened these lines:

To prove false information in a document requires more than pointing out errors or mistakes or incongruities or discrepancies in the document or asserting that the document is forged on account of the errors without more.”

Forgery is a criminal offence and must be proven beyond any reasonable doubts. How can you say he forged when the Principal admitted the errors and even WAEC certified.

garfield1, senatordave1 can help with Agi v. PDP or APC v. Obaseki. It is contradictory to say he forged then say he is qualified. Once forgery is established, he stands no other chance.

Even in situations where a Governorship candidate makes inconsistent statements in Form CF001/now Form EC9 and such candidate is nonetheless qualified to contest the election under the provision of Section 177 of the 1999 Constitution, he would not be disqualified to contest the election.” (SC per Clara Bata Ogunbiyi JSC in Agi v. PDP)

The onus lies on the defendant to prove the allegation against him. by calling the man or woman or institution that issued the document. Additionally the constitution recognised "why the document" was forged. Both majority and minority judgement established forgery. So what is the judgement on forgery?

No, in seeking a declaratory relief the onus lies on the petitioners to argue on the strengths of their case and not on the weaknesses of the defendants.

It is interesting that File D (Adeleke's 2018 docs) was admitted by Fagbeml to be a primary evidence whilst not admitting that the BVAS machine is a primary evidence, that's lawyer-like.

The Principal & even WAEC were called up in that Appeal Court judgement that the Justices refused to entertain.

FORGERY AND QUALIFICATION CANNOT GO TOGETHER.

On BVAS ,INEC used it on Osun election and results were uploaded to the back end server IRV. In 2023 INEC used BVAS for accreditation but for the technical reasons the body did not transfer the results to it server at the poling booth.The only difference is transmission. So both cases in my opinion are not the same.

I am not trying to link both cases, but let me ask you, are you aware that as we speak INEC have not finished uploading results of the Presidential election conducted how many weeks now? You can go to the IReV and confirm!

The BVAS is in the spotlight now.

As long as uploading, transmission or whatever to the backend is prone to human and network error, it becomes an issue.

My question are will AC reject the BVAS report used to declare Adeleke as winner which Oyetola used to prove overvoting? What will be the standing of the AC on BVAS reports given to PDP ,INEC laywer and Adeleke statistician which all of them contain discrepancies and overvoting? They all even agreed to overvoting in them? Unshronised reports have overvoting .Schronised reports have overvoting..Will the AC not apply abductive reasoning by accepting only the " unshronised" report used to declare Adeleke as the winner which Oyetola used against him.?

Now, there are 4 reports.
1. The one issued to Oyetola 10 days after the election (INEC said it was unsynchronised)

2. The one issued to Adeleke the following month.

3. Physical inspection of the BVAS machines, and front-loaded reports.

4. INEC own finished or synchronized report which somewhat tallied with 3.

Using abductive reasoning, which will you go for? The reports front-loaded to the backend or the Primary evidence of the BVAS machine?

Why did INEC challenge the judgement (BVAS) at Obi's request be vacated so as to allow for the Governorship Election?

Samuel Oduntan, Adeleke's forensic expert said there was over-voting in 6 PUs. What was the discrepancy? He mentioned the Wards, majority of which were in Ede.

Justice Shuaibu asked Fagbemi, did you challenge the report of the forensic expert? He said NO.

On technicality of second judge who only signed the judgement, Justice Shaibu asked Ikpeasu SAN if he understood the significance of "we" used in the majority judgement and the relevance of the name and signature of the second judge. Ikpeasu only answered by saying it should not be so. Until I am proved otherwise the judgement today will favour Oyetola!I submitt

You failed to remind us that the Presiding Justice, Shuaibu also asked Fagbemi if a Judge should not read up judicial notices and report but rather dwell on law reports issued by the appellants.

Simple, the tribunal judges refused to admit the Court of Appeal judgement because according to them, the law reports submitted by the defence lawyers was not marked original or certified, that's why that question was asked Fagbeml...

To the signature issue of "I agree", we will wait and see. From the disposition of the PJ, I think it will be ignored most especially as it doesn't involve higher Courts.


This is my humble submission....

senatordave1:
I want adeleke to lose but this bvas,server issue might affect tinubu and this past polls so let him win

I disagreed,
Tinubu will easily win the case because of the use BVAS,
it was pdp and LP that recorded over voting

fergie001:
This is not exactly true.

The subject of contention is that on his EC9 form for the 2022 election: he appended in his own handwriting; Ede Muslim Grammar School, Ede

The affidavit for the 2018 & 2022 election issued by the school reads: Ede Muslim High School.

This affidavit was issued on May 22, 2016 and was exactly same as in 2018. The only difference is that he has higher qualifications now but did not change the Ede Muslim Grammar School he appended in 2018 & 2022.

This is the reason I boldened these lines:

To prove false information in a document requires more than pointing out errors or mistakes or incongruities or discrepancies in the document or asserting that the document is forged on account of the errors without more.”

Forgery is a criminal offence and must be proven beyond any reasonable doubts. How can you say he forged when the Principal admitted the errors and even WAEC certified.

garfield1, senatordave1 can help with Agi v. PDP or APC v. Obaseki. It is contradictory to say he forged then say he is qualified. Once forgery is established, he stands no other chance.

Even in situations where a Governorship candidate makes inconsistent statements in Form CF001/now Form EC9 and such candidate is nonetheless qualified to contest the election under the provision of Section 177 of the 1999 Constitution, he would not be disqualified to contest the election.” (SC per Clara Bata Ogunbiyi JSC in Agi v. PDP)


No, in seeking a declaratory relief the onus lies on the petitioners to argue on the strengths of their case and not on the weaknesses of the defendants.

It is interesting that File D (Adeleke's 2018 docs) was admitted by Fagbeml to be a primary evidence whilst not admitting that the BVAS machine is a primary evidence, that's lawyer-like.

The Principal & even WAEC were called up in that Appeal Court judgement that the Justices refused to entertain.

FORGERY AND QUALIFICATION CANNOT GO TOGETHER.


I am not trying to link both cases, but let me ask you, are you aware that as we speak INEC have not finished uploading results of the Presidential election conducted how many weeks now? You can go to the IReV and confirm!

The BVAS is in the spotlight now.

As long as uploading, transmission or whatever to the backend is prone to human and network error, it becomes an issue.


Now, there are 4 reports.
1. The one issued to Oyetola 10 days after the election (INEC said it was unsynchronised)

2. The one issued to Adeleke the following month.

3. Physical inspection of the BVAS machines, and front-loaded reports.

4. INEC own finished or synchronized report which somewhat tallied with 3.

Using abductive reasoning, which will you go for? The reports front-loaded to the backend or the Primary evidence of the BVAS machine?

Why did INEC challenge the judgement (BVAS) at Obi's request be vacated so as to allow for the Governorship Election?

Samuel Oduntan, Adeleke's forensic expert said there was over-voting in 6 PUs. What was the discrepancy? He mentioned the Wards, majority of which were in Ede.

Justice Shuaibu asked Fagbemi, did you challenge the report of the forensic expert? He said NO.


You failed to remind us that the Presiding Justice, Shuaibu also asked Fagbemi if a Judge should not read up judicial notices and report but rather dwell on law reports issued by the appellants.

Simple, the tribunal judges refused to admit the Court of Appeal judgement because according to them, the law reports submitted by the defence lawyers was not marked original or certified, that's why that question was asked Fagbeml...

To the signature issue of "I agree", we will wait and see. From the disposition of the PJ, I think it will be ignored most especially as it doesn't involve higher Courts.


This is my humble submission....

. You cannot imagine how happy I am with your submission! Thank you ! I want to ask : What is the basis of Adeleke declaration as the governor? APC BVAS report or the ones generated after? If it was unschhronised report which do you think Oyetola would use to challenge and prove overvoting? Adeleke s statistician cliamed there were 6 discrepancies but APC gave him more instances in the report he was analysing. INEC lawyer at the Tribunal Prof Anababa agreed that there were discrepancies in over 1000 poling units.All these were contained in the majority Tribunal judgement. Can we not agree with the conclusion of the majority judgement that " even the afterthought "Schronised " reports did not even agree with one another as they contained errors in support of overvoting. Additionally, Fagbemi cross-examined the staticician and he proved. overvoting .This also is contained in the majority judgement. Page25 . As for the presidential election, the INEC never said results were sent immidiately after voting.So the Body can continue to upload the results till 2026.As for Osun election, results were declared by INEC and forwarded to the INEC server immidiately Same results used to declare Adeleke were acessed by Oyetola. Whose faults? In my opinion it is INEC who generated four reports for same election which contradict one another . Can we now blame the brains behind the majority Judgement for using the report used to declare Adeleke as winner which Oyetola used to prove overvoting?

Incrediblekutty:
You are a terrible person

How so

Koralords:
Aside the fact am pro apc,I wish adeleke should win cos he has started well and let the election by conducted 100 times be would still win

Yeah

How far? No judgement again?

DMerciful:
If it was Nigerian court, Ekweremadu would be walking free....imagine OUK was released after being convicted based on technicalities. The judiciary will be reformed with Obi's case

Please, let us avoid mentioning Ekeremadu's case. It's a sad one. Much as I hate that flat headed idiot, but my brethren, any parent will do anything to save a child's life. You and I know that the boy is just trying to defraud Ekeremadu after being paid for his organ. I am not saying Ekeremadu did well, but please don't let us mock him, God will not put anyone of us in such tight situation of life and death.

This however does not mean that Ogun no go kill Ekeremadu, no way, Ogun go still kill am for stealing our money